General Criminal Law

General Criminal Law

Lawyer for Criminal Law in Vienna

In general criminal law, our focus is on the defense of private individuals for selected offences under the Austrian Criminal Code (StGB), which can also occur in business life in addition to traditional commercial criminal law. In this area, we specialise, among other offences, in negligence offences, documentary offences and offences for the protection of the administration of justice.
Als Rechtsanwalt für Strafrecht unterstützt Sie Dr. Elias Schönborn mit modernsten Technologien bundesweit im Strafrecht.

Our expertise in general criminal law

In order to offer our clients the best representation and most comprehensive expertise, we have decided to deploy our resources specifically. The focus of our law firm is on the defense of commercial matters, which primarily includes Commercial Criminal Law, Corruption Criminal Law and Medical Criminal Law. As a lawyer specializing in criminal law, Dr. Elias Schönborn therefore only takes on selected cases in the area of general criminal law. The include, for example, the following offences:

  • Shielding offenders (Sec 299 StGB)
  • Negligent killing and negligent assault (Sec 80 StGB, Sec 81 StGB and Sec 88 StGB)
  • False testimony (Sec 288 StGB)
  • Counterfeiting evidence (Sec 293 StGB)
  • Damage to credit (Sec 152 StGB)
  • Coercion and deception (Sec 105 StGB, Sec 106 StGB and Sec 108 StGB)
  • Defamation (Sec 111 StGB)
  • Suppression of evidence (Sec 295 StGB)
  • Counterfeiting of documents and forgery of data (Sec 223 StGB and Sec 225a StGB)
  • Suppression of documents (Sec 229 StGB)
  • False accusation (Sec 297 StGB)
  • Insurance fraud (Sec 151 StGB)

With a targeted defense strategy, Dr. Elias Schönborn, your criminal law attorney, can often achieve a dismissal of the proceedings, a withdrawal of the prosecution (diversion) or at least a lenient sentence for the offences mentioned.

In addition to Criminal Defense, we also support you in asserting your claims as a victim in the course of Private Participation.

FAQ

  • 1. What are the penalties under Austrian criminal law?

    In Austria, criminal offenses are subject to punishment in accordance with the Austrian Criminal Code (Strafgesetzbuch, StGB). In essence, a distinction is drawn between fines, which are assessed in daily rates up to a maximum of 720 daily rates with a maximum amount of EUR 5,000 per daily rate, and prison sentences, which can range up to a maximum of 20 years or life imprisonment. The severity of the punishment depends on the penalty range of the respective offense, the guilt of the offender and the severity of the crime committed. The criminal court also considers aggravating and mitigating factors when sentencing. Special provisions can be found in juvenile criminal law, where offenses are punished with significantly more lenient penalties.
  • 2. I am accused of having committed a criminal offense. What should I bear in mind as accused and when should I instruct a criminal lawyer?

    It is of the utmost importance for accused persons to resist the temptation and pressure to make hasty statements about the allegations without first obtaining knowledge of the file and without prior legal advice. Any statement made to the police may be used as evidence against you. If criminal proceedings have been initiated against you, it is advisable to contact a criminal lawyer without delay. The attorney is obliged to maintain confidentiality, informs you of your rights and develops a suitable defense strategy together with you as part of the criminal defense.
    A lawyer versed in criminal law knows the exact course and particularities of criminal proceedings and is thus able to assist you in comprehending the nature of the accusation and in preparing adequately for questioning by the police or for a court hearing. The lawyer will safeguard your defense interests and rights in the most optimal manner, thereby increasing the chances of a favorable outcome to the proceedings.
  • 3. What rigths do I have as accused in criminal proceedings and what are the most significant rights of accused persons?

    The rights of the accused that every accused has in criminal proceedings are regulated in the Code of Criminal Procedure (Strafprozessordnung, StPO) and listed in Sec 49 StPO. The most significant rights of the accused include the following: Every accused person is entitled to be informed of the subject matter of the suspicion held against them and of their fundamental rights in the proceedings (Sec 50 StPO). The right to access the files (Sec 51 StPO) is one of the most important rights of the accused and gives the accused the opportunity to find out about the specific allegation and the results of the investigation and main proceedings to date. Furthermore, every accused individual is entitled to choose a defense counsel and to have him or her present during interrogation in order to receive legal support and representation (Sec 58 StPO).
    It is also of central importance to consider the rights to submit motions of evidence (Sec 55 StPO) and to lodge a complaint (Sec 87 StPO) or an objection due to legal violations (Sec 106 StPO). In addition, there are numerous other rights to which an accused is entitled in criminal proceedings and knowledge of these rights is essential for an effective defense against criminal charges.
  • 4. What impact can a concivtion for a criminal offense have on my professional future?

    A criminal conviction not only results in imprisonment or a fine, but also leads to an entry in the criminal record, even for relatively minor penalties, which can have a considerable negative impact on your professional future and job search. A sentence of more than six months' imprisonment for an offense in the area of commercial criminal law (e.g. fraud, embezzlement, fraudulent insolvency etc) also leads to so-called disqualification under company law. This implies that the convicted person may no longer be a managing director of a GmbH or a member of the board of directors of an AG for a period of three years (Sec 15 para 1a GmbHG and Sec 75 para 2a AktG).
    In numerous professional fields, a criminal conviction can also result in disciplinary consequences, which may ultimately lead to the individual’s removal from the respective professional list and thus a prohibition on practicing the profession. In the healthcare sector, this pertains to doctors, dentists and pharmacists, among others. In the business world, it encompasses lawyers, notaries, auditors and tax consultants, among others.

Are you looking for an experienced criminal lawyer?

Contact us.